Escondido nursery owner sues California as state destroys 32,000 plants

A longtime Escondido nursery owner says California is destroying tens of
thousands of healthy citrus plants and refusing to reimburse him. 

A local nursery owner in Escondido is suing the state of California in
federal court, claiming state agriculture crews are destroying tens of
thousands of his plants without compensation. 

Mark Collins, the owner of Evergreen Wholesale, said state agriculture
employees began destroying about 32,000 citrus plants at his nursery
this week. The business has operated in Escondido for about 20 years and
has been in the plant-growing industry for roughly 80 years. 

“It’s tough,” Collins said. “They’re destroying our citrus crop.”

According to Collins, roughly 25 state agriculture workers are on site
in northern Escondido, removing plants he intended to sell. 

“Thirty-two thousand plants,” Collins said. “Yeah. Really bad for
business." 

Collins said this is the first time something like this has happened in
his family’s decades-long history in the nursery business. He said
inspectors discovered the Asian citrus psyllid bug in some trees about
five miles away and determined those trees were carrying a devastating
disease. 

“Huanglongbing is the name of the disease,” Collins said.

Collins said the trees where the bug was found were discovered two years
ago, before the plants now being destroyed even existed. 

“I understand that the industry needs to try to protect itself,” Collins
said. 

Collins said he followed every protocol ordered by the state, including
spraying and defending his property. 

“Well, they never found a bug here, ever,” Collins said.

Instead of testing or inspecting his property for the bug and disease,
Collins claims, the state opted to destroy the plants. 

“Our plants, as you can see, they’re healthy and nothing’s wrong with
them,” said Rollie, an Evergreen Wholesale employee. 

“So, the only guy who’s lost any money in the whole deal so far is me,”
Collins said. 

Collins estimates his losses could reach up to $3 million, which, he
said. is why he decided to sue thesState of California in federal court.
He said state officials have no intention of reimbursing him for the
plants. 

The state employee in charge at the site declined to speak with NBC San
Diego. Multiple questions sent to Sacramento went unanswered as of
Tuesday evening. A California Department of Food and Agriculture
spokesman emailed a statement five days later: 

"Huanglongbing (HLB) is a dangerous pest that can devastate citrus
plants across large areas. Its infection of citrus trees is difficult to
detect as infected trees can appear to be healthy and even falsely test
negative for a long time before showing symptoms. Therefore,
California’s regulatory requirements aim to protect the citrus industry
by preventing accidental spread of the disease. Abatement on residential
and other properties in quarantine areas is necessary because of these
conditions." 

The statement continued, "The abatement action taken on Evergreen
Nursery was conducted pursuant to an administrative decision and order
after a multiday formal hearing at which Evergreen Nursery was
represented by counsel. The abatement was necessary because the nursery
opted not to comply with the requirements in the California Code of
Regulations applicable to all citrus nursery stock in the quarantine
zone. The quarantine zone was imposed based on the detection of HLB, and
additional infected trees have subsequently been found in the area." 

Adding to Collins’ frustration, he said, is the fact that the state is
only destroying citrus plants in pots and not citrus trees planted in
the ground that have been there for more than two years. 

For now, Collins said, all he can do is watch as state agriculture crews
continue destroying thousands of plants at his Escondido nursery. 

https://www.nbcsandiego.com/news/local/escondido-nursery-owner-sues-calif
ornia-as-state-destroys-32000-plants/3967949/